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<br />A-7 <br /> <br />Wright-McLaughlin Engineers <br /> <br />Page 'i' <br /> <br />Oci:ober 27, 1972 <br /> <br />and drains, there is ordinarily no duty on the <br />part of a municipality for the non-exercise of <br />the power of draina,re so as teo prevent the flow- <br />ing of surface water upon property adjacent to <br />streets. 11 57 Am Jur: (2d) 20:;, Section 238. <br /> <br />Adoption of an alternative '",hich does not, call for con- <br />struction is particularly deBira,ble from a legal standpoint, <br />since it contemplates continuing t,o m:e the natural stream <br />and the natural historical flow 'would continue. Under these <br />circumstances it would be exi:remely difficult for a property <br />owner to convince a court that his land had been subjected to <br />a greater burden or hazard than that t:o which it would have <br />been exposed had the alternai:ive not heen adopted, since the <br />water course under this alternateive is left in its natural <br />state. <br /> <br />The next question which we considered was whether the <br />existing artificial impediments to the flow of the water <br />course (the crossings by the Union Pacific Railroad and by <br />Sheridan Boulevard) would eni:ail an assumption of liability <br />by the district upon adoption of tehis alternative. In our <br />opinion, the adoption of thiB alternative, in and of itBelf, <br />would not cause the district to assume responsibility for the <br />failure of either of these s"l:ructures" <br /> <br />It is clear that if the structures had been built by the <br />district, the district would have a responsibility to cons- <br />truct them in such a way that: they could accomodate not only <br />the natural flow of the stream, but also such excess flow <br />as may be reasonably anticipated, In the instant case, how- <br />ever, where the district had no part in the construction of <br />these dikes, it is our opinion t:hat it will acquire no res- <br />ponsibility for the inadequacies in the absence of any conduct <br />on the part of the district ,,,,hich adopts or ratifies the in- <br />adequacies. Stackhouse vs. I,afc~yettE>, 26 Ind 17, 89 Am Dee <br />450. <br />